Occupiers' Liability Act 1984

Question 1

What case is an example of the harshness of the common law on protection of trespassers before the OLA 1984?

Answer 1

Addie v Dumbreck (1929)

Child dies on site of coal mine whilst trespassing.

No claim allowed for parents.

Question 2

Addie v Dumbreck (1929)

Answer 2

Example of: the harshness of the common law on protection of trespassers before the OLA 1984.

Facts: child dies whilst trespassing on coal mine site.

No claim allowed for parents.

Question 3

Before the 1984 Act what did House of Lords use to establish a ‘common humanity’ regarding occupiers’ liability towards trespassers?

Answer 3

1966 Practice Statement

States they would not follow precedent to ensure justice as a pose to rigid following of precedent.

Question 4

1966 Practice Statement

What is the relevance to the development of the law regarding occupiers’ liability towards trespassers?

Answer 4

It meant House of Lords could establish ‘common humanity’ for trespassers.

Question 5

Before the 1984 Act what case utilised the ‘common humanity’ established by House of Lords through 1966 Practice Statement?

Answer 5

BR Board vHerrington (1972)

Facts: C was young child injured whilst trespassing on railway line.
British Rail one duty of care to C.

Question 6

BR Board v Herrington (1972)

Answer 6

Example of: before the 1984 Act, use of ‘common humanity’ to establish duty between occupier and trespasser.

Facts: C was young child injured whilst trespassing on railway line.
Duty of care owed.

Question 7

What year was the Law Commission report that lead to the 1984 Act?

Answer 7

1975

Question 8

1975

What is the relevance of this year regarding the development of the 1984 Act?

Answer 8

This is the year of the Law Commission Report leading to the 1984 Act.

Question 9

s1(1)(a) OLA 1984

Answer 9

Provides for duty between occupier and trespasser.

For things done or omitted to be done.

Question 10

Provides for duty owed between occupier and trespasser, for things done or omitted to be done that cause injury.

Act and section?

Answer 10

s1(1)(a) OLA 1984

Question 11

What is the occupiers’ liability towards a trespassers property?

Answer 11

There is no liability for damage to a trespasser’s property.

Question 12

What does s(1)(3) of the 1984 Act refer to?

Answer 12

The circumstances in which an occupier will per a duty to a trespasser.

1) aware of danger
2) believes other in vicinity of danger
3) accept the risk he may be expected to offer the other some protection

Question 13

What are the three points made in s1(3) OLA 1984?

Answer 13

Occupier is:
1) aware of danger or grounds to believe it exists

2) knows or believes other is in vicinity of danger (or will be)
3) expected to offer the other some protection.

Question 14

Occupier is:
1) aware of danger or grounds to believe it exists

2) knows or believes other is in vicinity of danger (or will be)
3) expected to offer the other some protection.

What act and section is this from?

Answer 14

s1(3) OLA 1984

Question 15

In what way does the OLA 1984 still reflect the view that trespassers are deserving of less protection than lawful visitors?

Answer 15

Damage to the trespassers’ property is not provided for.

Question 16

What case is an example of an adult trespasser not receiving a claim because it was an obvious danger?

Answer 16

Ratcliff v McConnell (1999)

Facts: 19 year old dives into locked swimming pool. No claim allowed.

Question 17

Ratcliff v McConnell (1999)

Answer 17

Example of: no claim for adult trespassers of danger is obvious.

Facts: 19 year old dives into locked pool and injures himself.

Question 18

What case is an example of the time of day and year being relevant to the outcome of a case regarding trespassers?

Answer 18

Donoghue v Folkestone Properties (2003)

Facts: C was injured jumping into harbour at midnight in winter. No claim allowed as reasonable to expect no one would do such a thing.

Question 19

Donoghue v Folkestone Properties (2003)

Answer 19

Example of: time of day and year can affect outcome of case regarding trespassers.

Facts: C was injured jumping into harbour at midnight in winter. No claim allowed as reasonable to expect no one would do such a thing.

Question 20

What case is an example of occupier does not have to spend lots making premises safe from obvious dangers?

Answer 20

Tomlinson v Congleton Borough Council (2003)

Facts: council owned land with lake where someone was injured before they secured funds to fence it off.
No claim allowed as danger was obvious.

Question 21

Tomlinson v Congleton Borough Council (2003)

Answer 21

Example of: occupier doesn’t have to spend lots making premises safe from obvious dangers.

Facts: council owned land with lake where someone was injured before they secured funds to fence it off.
No claim allowed as danger was obvious.

Question 22

What case is an example of occupier will not be liable if no reason to suspect presence of a trespasser?

Answer 22

Higgs v Foster (2004)

Facts: police office carrying out surveillance inside a garage fell into inspection pit. No claim allowed.

Question 23

Higgs v Foster (2004)

Answer 23

Example of: occupier not liable of no reason to suspect presence of trespasser.

Facts: police office carrying out surveillance inside a garage fell into inspection pit. No claim allowed.

Question 24

What case demonstrates that if D is not aware of danger they may not be liable to trespassers injuries?

Answer 24

Rhind v Astbury Water Park (2004)

Facts: D not aware of fibreglass object at bottom of their lake. IAW s1(3)(c), only if circumstances mean D to expect to owe duty is a duty owed. No claim allowed.

Question 25

Rhind v Astbury Park (2004)

Answer 25

Example of: if D is not aware of danger there may not be a claim available for trespasser injury.

Facts: D not aware of fibreglass object at bottom of their lake. IAW s1(3)(c), only if circumstances mean D to expect to owe duty is a duty owed. No claim allowed.

Question 26

In the case of Rhind v Astbury Water Park (2004) which section and Act was used to show D was not liable for trespasser injury?

Answer 26

s1(3)(c) OLA 1984

Duty only owed if circumstances would mean D expects to owe a duty.

In this case D unaware of danger that caused injury.

Question 27

What 2 cases are examples involving children after the 1984 Act?

Answer 27

-Keown v Coventry NHS Trust (2006)
11 y/o fire escape climber

-Baldaccino v West Wittering (2008)
14 y/o comms mast climber

Question 28

Keown v Coventry NHS Trust (2006)

Answer 28

Example of: case involving child after the 1984 Act.

Facts: 11 y/o climbs fire escape showing off. No claim allowed.

Question 29

Baldaccino v Wests Wittering (2008)

Answer 29

Example of: case involving a child after the 1984 Act.

Facts: 14 y/o climbs comms mast. No claim allowed-obvious danger not to do with state of property.

Question 30

What are the defences available to an occupier for a claim involving an injured trespasser?

Answer 30

Same as the 1957 Act:
1) Consent
s1(6)

2) Contributory negligence

3) Warning notice
Westwood v Post Office (1973)

Question 31

What section is used for the defence of consent in occupiers liability towards trespassers?

Answer 31

s1(6) OLA 1984

Trespasser appreciates the nature and degree of risk then complete defence allowed.

Question 32

s1(6) OLA 1984

Answer 32

Allows for defence of consent regarding trespassers injuries.

If trespasser appreciates nature and degree of risk.

Question 33

Westwood v Post Office (1973)

Answer 33

Example of: defence to a claim as D used warning signs.

Facts: C was employee of Post Office when entering room saying only authorises attendant allowed here. No claim as was trespasser.

Question 34

What case is an example of a defence of ‘warning signs’ from a claim for a trespasser?

Answer 34

Westwood v Post Office (1973)

Facts: C was employee of Post Office when entering room saying only authorises attendant allowed here. No claim as was trespasser.